People v. Limon CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

On July 25, 2004, defendant’s codefendant, Jesus Sanchez, drove his car alongside

another vehicle containing six individuals. Defendant, the passenger in Sanchez’s car,

demanded to know where the individuals in the vehicle were from. One of the victims

responded, “I ain’t from nowhere, bro’. . . . I don’t gang bang.” Defendant responded,

“This is South Side Fontana Locotes,” and “What the fuck [are] you looking at?”

As Sanchez blocked the victims’ vehicle with his car, defendant jumped out and

fired a shotgun at the vehicle’s front windshield, shattering it and striking three victims.

Defendant later admitted aiming at the victims’ vehicle and firing the shotgun. He

expressed surprise that he injured three people because he was trying to hit the front of

the truck.

1 All further statutory references are to the Penal Code. Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.)

2 By order dated January 12, 2023, we granted respondent’s request to take judicial notice of this court’s opinion from defendant’s appeal from the judgment.…